Tennessee Trial Court Vacancy Commission Application for ... · employment, bail bonds, and many...

Tennessee Trial Court Vacancy Commission

Application for Nomination to Judicial Office04/15/16

Name: Robert Allen Dalton, Jr.

Office Address: 535 Second Avenue North, Suite One (including county)

Lewisburg, Marshall County, Tennessee 37091

Office Phone: (931) 292-4762 Facsimile: (931) 422-5686

INTRODUCTION

Tennessee Code Annotated section 17-4-301 et seq. charges the Trial Court VacancyCommission with assisting the Governor and the People of Tennessee in finding and appointingthe best qualified candidates for judicial offices in this State. Please consider the Commission’sresponsibility in answering the questions in this application questionnaire. For example, when aquestion asks you to “describe” certain things, please provide a description that contains relevantinformation about the subject of the question and, especially, that contains detailed informationthat demonstrates that you are qualified for the judicial office you seek. In order to properlyevaluate your application, the Commission needs information about the range of yourexperience, the depth and breadth of your legal knowledge, and your personal traits such asintegrity, fairness, and work habits.

This document is available in word processing format from the Administrative Office ofthe Courts (telephone 800.448.7970 or 615.741.2687; website www.tncourts.gov). TheCommission requests that applicants obtain the word processing form and respond directly onthe form. Respond in the box provided below each question. (The box will expand as you typein the document.) Review the separate instruction sheet prior to completing this document.Submit by the noon deadline date an original (unbound) completed application (with inksignature) to the Administrative Office of the Courts. In addition, submit a digital copy withelectronic or scanned signature via email to [email protected], or via another digitalstorage device such as flash drive or CD.

THIS APPLICATION IS OPEN TO PUBLIC INSPECTION AFTER YOU SUBMIT IT.

Application Questionnaire for Judicial Office of 15 April 13, 2016

PROFESSIONAL BACKGROUND AND WORK EXPERIENCE

1. State your present employment.

I am currently an attorney in private practice in Marshall County, Tennessee.

2. State the year you were licensed to practice law in Tennessee and give your TennesseeBoard of Professional Responsibility number.

I was licensed to practice law in Tennessee in 2011.

My Tennessee Board of Professional Responsibility number is 029791.

3. List all states in which you have been licensed to practice law and include your barnumber or identifying number for each state of admission. Indicate the date of licensureand whether the license is currently active. If not active, explain.

I was licensed to practice law in the State of Tennessee in April 2011.

My license is currently Active.

My bar number is 029791.

4. Have you ever been denied admission to, suspended or placed on inactive status by theBar of any State? If so, explain. (This applies even if the denial was temporary).

No.

5. List your professional or business employment/experience since the completion of yourlegal education. Also include here a description of any occupation, business, orprofession other than the practice of law in which you have ever been engaged (excludingmilitary service, which is covered by a separate question).

2011-Present: Managing Partner, Ouroboros Legal Services, PLLC

2012-2014: Supervising Attorney, Pan American Center

2015-2016: General Counsel and Chief Legal Officer, Pan American Center


2012-2013: Executive Director, Quality Time Project

2001-2007: Actuarial Analyst, New England Financial / MetLife. As an actuarial analyst, Imanaged a multi-million dollar block of small group life and health insurance. I was responsiblefor experience analysis, rate setting, regulatory compliance, and financial reporting. Prior to mytenure in the management of the block, much of the process was still conducted with paper andpencil. A significant portion of my experience during these years encompassed modernization andautomation of the management infrastructure. As a result of the modernization projects, the blockexperienced greatly improved performance with much less staff time.

6. Describe the nature of your present law practice, listing the major areas of law in whichyou practice and the percentage each constitutes of your total practice.

I am currently an attorney in private practice. My office is located in Marshall County,Tennessee.

The majority of my current practice (>50%) is Corporate and Business Law. This consistsprimarily of corporate contracts, licensing, credentialing, regulatory compliance, and businesslitigation. The issues in these cases are quite diverse, ranging from purely contractualrelationships between two private entities to complex, multi-party corporate litigation involvinggovernmental and regulatory authorities.

The remainder of my practice is currently focused on Public Interest Litigation. Many of thesecases are undertaken on a pro bono publico basis. These cases are predominantly composed ofgovernmental torts, access to public records, and civil rights actions in pursuit of individual rightsto equal protection, due process, and equal access to justice.

7. Describe generally your experience (over your entire time as a licensed attorney) in trialcourts, appellate courts, administrative bodies, legislative or regulatory bodies, otherforums, and/or transactional matters.

Upon obtaining my law license, I established a practice in the 17th Judicial District.

Taken in aggregate, my career as an attorney has contained a large amount of Criminal Lawcases. During the first few years of my practice, for example, nearly all of my clients wereinvolved in criminal cases. I represented criminal defendants in the Municipal, General Sessions,and Circuit Courts, as well as the Court of Criminal Appeals.

As my early practice grew, it contained increasing amounts of family law practice. I representedclients in cases involving divorce, parentage, visitation, and child support in Juvenile, Chancery,and Circuit Courts, as well as the Court of Appeals.


I have always had a calling to public service and the work to make the world a better place. In mylegal practice, I have handled many Public Interest cases of various sorts, including assetforfeiture, zoning, free expression, equal protection, civil rights, and equal access to the courts bypoor and indigent litigants.

I have represented both individuals and corporations in Property and Zoning cases. Theserepresentations have included the entire process of adjudication from administrative hearingsbefore local government boards to the Chancery courts and the Court of Appeals. These cases areusually centered on the right of people and corporations to use their property and other assets inconstitutionally-protected ways without unduly burdensome government intervention. Asubstantial number of these cases are primarily concerned with free expression and due process,two issues that are central to the vitality of our constitutional republic.

My commitment to public service has also been reflected in my Civil Rights litigation. Thesecases are often undertaken on a pro bono publico basis with the goal of addressing constitutionaldeprivations and violations. The general focus of these cases is usually guaranteeing anindividual’s rights to equal protection, due process, and equal access to justice. These cases haveincluded public records, First Amendment litigation, whistleblower protection, governmentemployment, bail bonds, and many other types of governmental torts involving the deprivation ofconstitutional and statutory rights. I have litigated or am currently litigating these cases throughmany different venues, including Sessions, Circuit, Chancery, and Federal courts.

Over the years, I have also been involved in a substantial number of Immigration cases withHuman Rights and Public Interest components. Many of these cases involved very young childrenwho were orphaned and fleeing horrifying abuse and civil war in their home countries. Thesecases usually took place within administrative settings (such as proceedings before the UnitedStates Citizenship and Immigration Services) or trial-like settings (such as federal ImmigrationCourt or state Juvenile Court). For several years, I provided legal services on a pro bono publicobasis as a volunteer Supervising Attorney with the Pan American Center, a rural human rightsnon-profit. After several years of pro bono work at the Center, I took a paid position there in 2015as General Counsel and Chief Legal Officer.

More recently, my practice has become increasingly focused on Corporate and Business Law,with much of that being trial-level litigation. I have always loved being a litigator and the practiceof trial law, especially on the level of Circuit Court. After years of establishing my reputation as alitigator, my corporate and business clients have sought my help in very complex and potentiallyexpensive cases. I understand that this is somewhat rare for solo attorneys in rural areas, and I amdeeply honored to have been recognized and embraced by the business community in this way.


8. Describe any matters of special note involving your practice in trial courts, appellatecourts, and administrative bodies.

State of Tennessee v. Clint Marlow, (Lewisburg Municipal, Marshall County Circuit). This was apoverty-related case under Bearden v. Georgia. My client, Clint Marlow, was an indigentdefendant who was found by the Sessions-level court to have violated his probation by failing topay fines and court costs. The facts of Mr. Marlow’s case were typical in that it was a commonand long-standing practice at that time and in that venue for indigent probationers to have theirprobation violated for inability to pay money. My successful appeal of this case to Circuit Courtended this illegal policy in Marshall County.

State of Tennessee v. Holly Hunter (Marshall County General Sessions, Marshall County Circuit).My client, Holly Hunter, was an indigent defendant in a drug case in which she was charged withvery serious felonies. Ms. Hunter was a tenant whose property was posted with No Trespassingsigns. After a successful Motion to Suppress for violation of the constitutional rights of my client,the case and the felony charges were Dismissed.

State of Tennessee v. Tavarus Greer (Lewisburg Municipal, Marshall County Circuit). This was a“mockingbird” case in which my client, Tavarus Greer, was falsely accused of Aggravated Rapeafter a consensual sexual encounter. After an extended and complex period of litigation andinvestigation that encompassed Sessions-level and Circuit-level proceedings, I was able toestablish through voluminous documentation and collected witness testimony that the allegationsagainst Mr. Greer were false. The charges against Mr. Greer were Dismissed.

State of Tennessee v. Adrian Hill, M2011-02233-CCA-R3-CD (Tenn. Crim. App. Sep. 5, 2012)(case originated in Marshall County Circuit). My client, Adrian Hill, was an indigent defendant ina Child Support enforcement case. Mr. Hill lived with all of the children for whom he was orderto pay support and, indeed, was their sole source of financial support. Mr. Hill was, however,denied his constitutional rights and wrongfully convicted. I took the case on a pro bono publicobasis and won the appeal. The Tennessee Court of Criminal Appeals held that Mr. Hill'sconstitutional right to bail had been denied. Subsequently, the Tennessee Court of CriminalAppeals held that Mr. Hill had been denied his constitutional rights, vacated the convictions, anddismissed the case. This case also established – as an issue of first impression – that theTennessee Constitution guarantees the right to Grand Jury action in certain types of child supportenforcement actions.

Jonathan Tears v. State of Tennessee, M2012-01080-CCA-R3-PC (Tenn. Crim. App. Dec. 6,2013)(case originated in Marshall County Circuit). My client, Jonathan Tears, was an indigentcriminal defendant to whom I was appointed in a post-conviction proceeding. Prior to myappointment, Mr. Tears had been wrongfully convicted of Attempted Murder and sentenced totwenty-five years in prison. The Tennessee Court of Criminal Appeals reversed the convictions,and Mr. Tears was freed from prison. (See Q26 for citations to media coverage of this case.)


Alex Friedmann v. Marshall County, 471 S.W.3d 427 (Tenn. Ct. App. 2015)(case originated inMarshall County Chancery). My client, Alex Friedmann, editor of Prison Legal News, waswrongfully denied access to the public records of the Marshall County Sheriff's Department. Mr.Friedmann was subjected to extraordinary harassment and intimidation as a result of his attemptto gain access to the records. The Tennessee Court of Appeals ordered that Mr. Friedmann andPrison Legal News be awarded their reasonable attorney fees incurred as a result of the wrongfuldenial of access to the records. (See Q26 for citations to media coverage of this case.)

Taylor v. Town of Lynnville, No. M2016-01393-COA-R3-CV (Tenn. Ct. App. July 13, 2017)(case originated in Giles County Chancery). My client, Ricky Joe Taylor, operated a commercialbusiness in Lynnville, Tennessee. Mr. Taylor was wrongfully denied access to the Town’s publicrecords. I gained access to the records by bringing suit against the Town on behalf of Mr. Taylor.The Court of Appeals ruled in favor of Mr. Taylor, ordering the government to compensate himfor his fees and expenses.

9. Describe any other legal experience, not stated above, that you would like to bring to theattention of the Commission.

In 2012, I led the effort to secure funding from the Tennessee Administrative Office of the Courts(AOC) to increase access to justice for indigent citizens of southern middle Tennessee. I saw aneed to assist indigent parents who are required to pay child support but have no visitation rightswith their children. Through the AOC’s Access and Visitation Grant program, I applied for andsecured funding to found a non-profit organization, the Quality Time Project. In conjunction withthe Marshall County Juvenile Court, the Quality Time Project provided resources to educateparents regarding their rights to visitation and how to request the establishment and enforcementof those rights. The Project conducted monthly clinics during which participants were givendetailed instruction by volunteer attorneys on how to complete the necessary documentation andfile it with the courts. The Project also offered a telephonic hotline to which clinic attendees couldcall for instant help with any emergent issues related to the process of filing or docketing theircases.

I am a 2012 Graduate of the Tennessee Trial College sponsored by the Tennessee Association ofCriminal Defense Lawyers. This is an intensive and extensive program focused on advancedlitigation skills in Circuit-level courts in Tennessee.

I was honored to be recognized for my legal knowledge and expertise by Lorman EducationServices. I was selected to serve as member of the Lorman Faculty in the area of Public RecordsLaw.

10. List and describe all prior occasions on which you have submitted an application for anystate or federal judicial position.

Not applicable


EDUCATION

11. List each college, law school, and other graduate school which you have attended,including dates of attendance, degree awarded, major, any form of recognition or otheraspects of your education you believe are relevant, and your reason for leaving eachschool if no degree was awarded.

University of Tennessee, Knoxville: 1995-2001, Bachelor of Arts. Honors Program. CollegeScholars Program (Math, Physics, and Philosophy). Putnam Mathematics Competition Team.Recipient of an internship at the Institute for Advanced Study at Princeton. Recipient of aninternship at Fermi National Accelerator Lab.

Nashville School of Law: 2007-2010, Juris Doctor. Member of Cooper’s Inn. Recipient of theFounder’s Medal. Valedictorian.

PERSONAL INFORMATION

12. State your date of birth.

November 4, 1976

13. How long have you lived continuously in the State of Tennessee?

I am a native Tennessean. After university, I moved to Massachusetts and pursued a career as anactuary. I returned to Tennessee in 2006. I have now lived continuously in the State of Tennesseefor eleven years.

14. How long have you lived continuously in the county where you are now living?

Ten years.

15. State the county in which you are registered to vote.

Marshall County.


16. Describe your military service, if applicable, including branch of service, dates of activeduty, rank at separation, and decorations, honors, or achievements. Please also statewhether you received an honorable discharge and, if not, describe why not.

Not applicable.

17. Have you ever pled guilty or been convicted or are now on diversion for violation of anylaw, regulation or ordinance other than minor traffic offenses? If so, state theapproximate date, charge and disposition of the case.

No.

18. To your knowledge, are you now under federal, state or local investigation for possibleviolation of a criminal statute or disciplinary rule? If so, give details.

No.

19. Please identify the number of formal complaints you have responded to that were filedagainst you with any supervisory authority, including but not limited to a court, a boardof professional responsibility, or a board of judicial conduct, alleging any breach of ethicsor unprofessional conduct by you. Please provide any relevant details on any suchcomplaint if the complaint was not dismissed by the court or board receiving thecomplaint.

Two. Both complaints were dismissed by the relevant professional authority.

20. Has a tax lien or other collection procedure been instituted against you by federal, state,or local authorities or creditors within the last five (5) years? If so, give details.

No.

21. Have you ever filed bankruptcy (including personally or as part of any partnership, LLC,corporation, or other business organization)?

No.


22. Have you ever been a party in any legal proceedings (including divorces, domesticproceedings, and other types of proceedings)? If so, give details including the date, courtand docket number and disposition. Provide a brief description of the case. Thisquestion does not seek, and you may exclude from your response, any matter where youwere involved only as a nominal party, such as if you were the trustee under a deed oftrust in a foreclosure proceeding.

No.

23. List all organizations other than professional associations to which you have belongedwithin the last five (5) years, including civic, charitable, religious, educational, social andfraternal organizations. Give the titles and dates of any offices which you have held insuch organizations.

First Unitarian Universalist Church of Nashville

Marshall County Republican Party. Member of the Executive Committee of the Marshall CountyRepublican Party (2015-Present). Chaplain of the Marshall County Republican Party (2017-Present).

National Association for the Advancement of Colored People

Republican Liberty Caucus of Tennessee

American Civil Liberties Union

Electronic Frontier Foundation

Tennessee Firearms Association

Free Software Foundation

Pan American Center

Tennessee Coalition for Open Government

Friends of the Marshall County Library


24. Have you ever belonged to any organization, association, club or society which limits itsmembership to those of any particular race, religion, or gender? Do not include in youranswer those organizations specifically formed for a religious purpose, such as churchesor synagogues.

a. If so, list such organizations and describe the basis of the membershiplimitation.

b. If it is not your intention to resign from such organization(s) and withdrawfrom any participation in their activities should you be nominated and selectedfor the position for which you are applying, state your reasons.

No.

ACHIEVEMENTS

25. List all bar associations and professional societies of which you have been a memberwithin the last ten years, including dates. Give the titles and dates of any offices whichyou have held in such groups. List memberships and responsibilities on any committeeof professional associations which you consider significant.

American Bar Association

Tennessee Bar Association

Marshall County Bar Association

American Immigration Lawyers Association

National Association of Criminal Defense Lawyers

Tennessee Association of Criminal Defense Lawyers


26. List honors, prizes, awards or other forms of recognition which you have received sinceyour graduation from law school which are directly related to professionalaccomplishments.

Quality Time Project: Awarded a federally-funded grant by the Tennessee Administrative Officeof the Courts to operate a non-profit organization whose purpose was to increase access to thecourts for indigent parents seeking visitation with their children.

Nashville School of Law: Invited to serve as a Mentor in the “Innovative Writing MentorProgram”

Lorman Education Services: Selected to serve as a member of the Faculty in the field of PublicRecords Law.

American Bar Association Journal: Recognized for expertise in Public Records Law. PrivateNotes, Public Scrutiny: Public officials can’t evade public records laws through personal emailaccounts. 103 A.B.A.J. 18.

Coverage of the Tears case: Recognized for post-conviction success at Court of Criminal Appealsfor securing an order to vacate and the wrongful conviction of defendant Jonathan Tears for Attempted Murder.

Karen Hall, Tears Could Have New Trial, Marshall County Tribune (Dec. 11, 2013), at A1.

Alanna Autler, Marshall Co. Man Released from Jail After Getting Conviction Reversed, WSMV-Nashville (June 25, 2014), http://www.wsmv.com/story/25873507/marshall-co-man-who-had-attempted-murder-conviction-reversed-getting-second-chance

Coverage of the Friedmann case: Recognized for success in the Marshall County Chancery Courtand the Tennessee Court of Appeals in Public Records Law.

Dave Maas, The Foilies Round 4: Retaliation and Consequences, EFF’s Deeplinks, May20, 2015.

Hayley Mason, Sheriff calls Homeland Security on man requesting public records,WSMV-Nashville (June 4, 2014), http://www.wsmv.com/story/25698437/man-says-sheriff-searched-his-house-after-jail-records-request#ixzz3Tcg4GsO9

Eric Owens, Local Sheriff Calls Homeland Security On Man Seeking Public PrisonRecords, Daily Caller (June 7, 2014), http://dailycaller.com/2014/06/07/local-sheriff-calls-homeland-security-on-man-seeking-public-prison-records/

Staff, Prison Legal News Prevails in Tennessee Public Records Suit in Spite of Sheriff’sAntics, Prison Legal News (January 2015), at 32.


27. List any public office you have held or for which you have been candidate or applicant.Include the date, the position, and whether the position was elective or appointive.

I was a candidate for the elected office of the Public Defender of the Seventeenth Judicial Districtin 2014.

ESSAYS/PERSONAL STATEMENTS

28. What are your reasons for seeking this position? (150 words or less)

I have spent a substantial portion of my life and had some success within the rough-and-tumble ofpolitical processes associated with the Legislative and Executive Branches. Always, though, myheart, my home, and my deepest resonant values have been in the Judicial Branch.

The Judiciary is tasked with preserving the societal values that represent the highest aspirations ofconsistency, impartiality, and integrity within our constitutional republic. I am steadfastlycommitted to safeguarding the constitution and the constitutional rights of all people. The judicialprinciples of equity, equality, and due process must be embodied by our trial judges andmanifested in our trial courts. I consider the role of embodying and manifesting these values andprinciples to be one of the highest professional callings within our modern world. I would behonored to serve my fellow Tennesseans in that capacity.

29. Describe the judgeship you seek (i.e. geographic area, types of cases, number of judges,etc. and explain how your selection would impact the court. (150 words or less)

I seek a Circuit-level judgeship in Tennessee’s Seventeenth Judicial District.

The Seventeenth Judicial District consists of the counties of Bedford, Lincoln, Marshall, andMoore. Currently there are three judges in this district: Judge Forest A. Durard, Jr., of BedfordCounty; Judge Franklin Lee Russell of Bedford County; and Chancellor James B. Cox of LincolnCounty. At present, Chancellor Cox primarily handles civil matters, Judge Durard primarilyhandles criminal matters, and Judge Russell handles a mix of both civil and criminal matters.

My extensive trial experience in both civil and criminal settings would allow me to more easilytransition into the current mix of cases that Judge Russell handles within the present division oflabor within the district. The diversity of my previous litigation experience would also allow meto move more fluidly between different potential mixes of cases.

As discussed above, there is currently no Circuit-level judge from Marshall County. As aMarshall County resident, my selection for this judgeship would increase the geographicpenetration of the District’s judiciary. This would have the potential salutary effects of increasingpublic confidence in the District’s judiciary, decreasing necessary travel time and expense, andincreasing overall judicial economy.


30. Will you uphold the law even if you disagree with the substance of the law (e.g., statuteor rule) at issue? Give an example from your experience as a licensed attorney thatsupports your response to this question. (250 words or less)

Consistency, impartiality, and equal application of law are vitally important to both the publicperception of the Judicial Branch and the coherent development of Tennessee law as anembodiment of public policy. Or, more directly, the result of litigation should ideally not changemerely because the case is heard in a different county or in front of a different judge.

I am personally and deeply committed to safeguarding the principle of equal application andnurturing the development of Tennessee law as a coherent body. As judge, I will unerringlyuphold the law, even if I personally disagree with it.

In my practice, I have encountered many laws with which I personally disagree. One suchexample is the rule prohibiting retroactive modification of certain aspects of domestic supportorders. I have represented both clients who benefited from this rule and clients who were harmedby this rule. Many of these clients (or the opposing party) sincerely feel that this rule is extremelyunfair as applied to the very specific facts in their specific case. I generally attempt – withgentleness and compassion – to use these moments as opportunities to stress the importance ofthe equal and consistent application of law. I often explain the situation along the following lines,“I understand your feelings. And, I share some of those feelings. And there is a good chance thatthe Judge shares some of our feelings about this situation. But the law is bigger than all of us …even bigger than the Judge.”

REFERENCES

31. List five (5) persons, and their current positions and contact information, who wouldrecommend you for the judicial position for which you are applying. Please list at leasttwo persons who are not lawyers. Please note that the Commission or someone on itsbehalf may contact these persons regarding your application.

A. Scottie Poarch

B. William Spivey

C. Toby Adams

D. Victor Ashe

E. Chandler Anderson


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